An unmarried daughter of a second wife is entitled to the share of the family pension previously allocated to her mother (the second wife) upon the mother's death, provided she meets the eligibility criteria under the CCS (Pension) Rules.

(Reserved on 15.07.2026)

O R D E R

In the present original application, the applicant has prayed to quash the order dated 04.01.2022 (Annexure A-12) and to direct the respondent department to release equal share of family pension of her deceased father in her favour.

2. The learned counsel for the applicant has submitted that the applicant is daughter of Kalavati Kanojiya who is the second wife of Late Narayan Kanojiya. After death of her father on 03.11.2019, her mother submitted an application to release family pension but nothing has been done till 2021 despite several representations and she passed away on 06.03.2021. Thereafter, the applicant also preferred representations seeking family pension but having received no response, she file a WP No. 12607/2021 before Hon’ble High Court of M.P which was disposed of vide order dated 09.11.2021 with a direction to decide her representation for grant of family pension. In compliance thereto, vide order dated 04.01.2022 (Annexure A-12) the applicant has been intimated that the first wife Smt. Kala Bai of the deceased pensioner, who is the legally wedded wife, is entitled for family pension. Referring to Sub Rule (7) of Rule 54 of CCS (Pension) Rules, 1972, the learned counsel for the applicant has submitted that being an unmarried daughter of second wife, the applicant is entitled for equal share of the family pension.

3. On the other hand, referring to the contents of reply, the learned counsel for official respondents has submitted that while the deceased applicant was in service, Smt. Kala Bai, whose name was entered in the service record of the deceased pensioner, made a complaint that her husband has kept a second wife Smt. Kalawati. Therefore, family pension was not sanctioned while issuing PPO in favour of the deceased pensioner. The learned counsel for the respondents has further submitted that after death of the deceased pensioner, since both the wives approached for family pension, therefore, a clarification regarding family pension was sought. Accordingly, vide order dated 05.03.2021 (Annexure R-4) it has been clarified by the competent authority that Smt. Kala Bai is NOK first wife of deceased as per service documents, therefore, she is entitled for family pension. Therefore, the pension papers were forwarded to release family pension in favour of first wife Smt. Kala Bai as she is still alive. Learned counsel for the respondents has further submitted that neither the sub rule (6) of Rule 54 of CCS (Pension) Rules nor sub rule (7) are applicable in the present case and prayed to dismiss the OA.

4. The learned counsel for respondent no. 6 has supported the contentions of the respondents and emphasized that the respondent no. 6 is the legally wedded wife of Late Narayan Kanojiya. Since her name is recorded in service record from 21.05.1963, therefore, she is entitled for family pension. Learned counsel for the respondent no. 6 has also submitted that without divorce, Smt. Kalawati cannot be said to be legally wedded wife of Late Narayan Kanojiya. However, the learned counsel has emphasized that the applicant is not entitled for full family pension as per CCS (Pension) Rules and prayed that the respondent department may be directed to release family pension in accordance with rules.

5. The learned counsel for the applicant has filed rejoinder annexing therewith OM No. F. No. 1/1(1)/2022-P&PW(E) dated 26.10.2022 (Annexure IA-2) and submitted that as clarified in the said OM, as per Rule 50(